In this article, you will learn…
- Why it is important to put modifications of a court order in writing,
- What can go wrong with an oral agreement, and
- What is accepted as a written agreement.
Why Is It Important To Have A Written Agreement Between Both Parties Prior To Modification Of A Family Court Order?
It is important to have a written agreement between both parties prior to modification of a family court order because it is always best practice to put everything in writing.
One party may ask to switch their weekends from the first weekend of the month to the second weekend of the month and, for a while, this is an amicable agreement. However, if something comes up and one of the parties gets angry and recants on the oral agreement, you could end up filing a motion to restore the oral agreement.
You now haven’t followed what was written out in the judgment. You haven’t obtained the written agreement, the mediation, or the phone conference that was outlined in the judgment and now you are in violation of the written agreement when really the other party has violated the oral agreement.
Not having that modification in writing puts you in a poor position before the court. You would have no written agreement as evidence to the court and it becomes your word against their word.
In some extreme situations, the other party may even call the police if you show up for the weekend in your oral agreement and the other party declines to cooperate with that agreement. The other party would be able to show the police the judgment and the police would then have to enforce that judgment.
As soon as you need a third party to intervene, an oral agreement becomes useless. A written agreement can be anything as simple as an email stating that your work schedule changed and requesting a modification of the agreement and the other party replying to say they are okay with that change. Even this email exchange can be proof should a third party ever need to intervene in your situation.
Ideally, however, you will put the agreement in writing and have both parties sign it. When at all possible, you want to avoid running into the situation of it being your word against their word. Even when you are on good terms or the oral arrangement is amicable, the due diligence of getting it in writing can save you a lot of trouble in the long run.
For more information on Written Agreements In Modifications In Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 779-0098 today.
Get Your Questions Answered -
Call Me For A Phone Consultation (312) 779-0098